Legal Article

Right of an aggrieved person in the domestic violence act

Shivendra Pratap Singh

Advocate

High Court Lucknow

Article | Domestic Violence

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Published on: 26 Jan, 2023

The aggrieved person has these rights in the Domestic Violene Act 2005.

  1. Protection order: An aggrieved person has the right to seek a protection order from the court, which prohibits the perpetrator from committing further acts of domestic violence, and also provides for the safety and well-being of the aggrieved person and their dependents.
  2. Residence order: An aggrieved person has the right to seek an order from the court, which allows them to continue residing in the shared residence, and also directs the perpetrator to vacate the residence.
  3. Monetary relief: An aggrieved person has the right to seek monetary relief from the court, which includes compensation for any financial loss suffered due to domestic violence, and also maintenance for the aggrieved person and their dependents.
  4. Custody of children: An aggrieved person has the right to seek custody of any children from the court, and also to ensure that the perpetrator does not have any access to the children.
  5. Right to legal aid: An aggrieved person has the right to seek legal aid from the court, if they are unable to afford legal representation.
  6. Right to be heard: An aggrieved person has the right to be heard in any proceedings related to domestic violence, and to present their case before the court.
  7. Right to privacy: An aggrieved person has the right to privacy and confidentiality, and the court is obliged to ensure that their identity is not disclosed to the perpetrator or any other third party.

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